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The Singapore-based company, which is a distant second to Apple in terms of worldwide MP3 players sales, is seeking damages for what it says is 'willful infringement' of the patent and wants an injunction to stop Apple selling iPods.

The patent describes a method for [see picture] organising music tracks in a hierarchical structure of categories and an interface

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that can be used to change the hierarchy, view track names, and select tracks for playback or other operations.

Creative claims that Apple's iPod, iPod nano and now-defunct iPod mini models and argues that it had deployed such an interface, when it first shipped the Nomad Jukebox in September 2000, more than a year before the October 2001 launch of the first iPod. The company was awarded the patent last August, having applied in January 2001.

The iPods, Creative claims in the filing to US District Court for Northern California, 'are specifically configured to access and display music loaded by the user in ways that infringe the patent'. The filing says that Apple is aware of the patent and 'knows or should know' that the iPods 'have no substantial non-infringing uses'.

According to the filing, Apple CEO Steve Jobs met with Creative representatives in early 2001 to discuss ways in which the two companies could collaborate and to try to license Creative technology. The filing says that both requests were refused.

Apple, as is customary in legal matters, declined to comment.